Legal Question in Workers Comp in Missouri

Time Frame

I got injured at work with my back and I used my insurance at work to take care of it because I thought it would go away and turning workmans comp would affect my job, I missed on several ocassion with doctors excuse, my last time I went back to work he told me that if I missed any more work he could keep me. I believe I was railroaded. It;s been about 2 months since the injury about a month since he let me go. Do I have any legal ground to do anything, my insurance is going to run out and my doctor says I might have to have surgery. Any information you could give me tohelpmy situation, would be apreciated sincerely,--name removed--Martin Thank you for your time

Asked on 9/06/04, 3:00 pm

3 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Time Frame

You have two years from the date of a work related injury to file a workers' compensation claim, so you still have time if it has only been two months. Although you can't do much about it now, it is against the law to fire someone for filing a workers' compensation claim. Since you didn't file yours when you got hurt, it will be difficult to prove that fear of the claim got your boss to fire you. On the other hand, you can still get your workers' compensation claim filed, and get your medical bills and time off, if you need surgery, paid.

You should definitely hire an experienced workers' compensation attorney as soon as possible.

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Answered on 9/06/04, 8:14 pm
Anthony Smith LawSmith

Re: Time Frame

I agree with the two previous posters. You do still have time to file a claim, and should have legal advice when you do it now. Did you tell the company that you got hurt on the job, when you got hurt?

Good Luck, let me know if you need halp on this side of the state.

Tony Smith

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Answered on 9/07/04, 3:15 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Time Frame

Did you report the injury to your employer at the time you were injured? Was there an injury report completed? Why again didn't you use the worker's compensation benefits provided for you by law? From the facts you have posted I can not advise whether you would have much practical chance of success, but I can tell you that it appears that you still have the right to file a worker's compensation claim. If you are not already represented be legal counsel, you definitely need some legal advice. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 9/06/04, 3:17 pm

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